[107th Congress Public Law 303]
[From the U.S. Government Printing Office]
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[DOCID: f:publ303.107]
[[Page 116 STAT. 2355]]
Public Law 107-303
107th Congress
An Act
To amend the Federal Water Pollution Control Act to authorize the
Administrator of the Environmental Protection Agency to carry out
projects and conduct research for remediation of sediment contamination
in areas of concern in the Great Lakes, and for other
purposes. <<NOTE: Nov. 27, 2002 - [H.R. 1070]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Great Lakes and Lake
Champlain Act of 2002.>> assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short <<NOTE: 33 USC 1251 note.>> Title.--This Act may be cited
as the ``Great Lakes and Lake Champlain Act of 2002''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--GREAT LAKES
Sec. 101. Short title.
Sec. 102. Report on remedial action plans.
Sec. 103. Remediation of sediment contamination in areas of concern in
the Great Lakes.
Sec. 104. Relationship to Federal and State authorities.
Sec. 105. Authorization of appropriations.
Sec. 106. Research and development program.
TITLE II--LAKE CHAMPLAIN
Sec. 201. Short title.
Sec. 202. Lake Champlain Basin Program.
TITLE III--MISCELLANEOUS
Sec. 301. Phase II storm water program.
Sec. 302. Preservation of reporting requirements.
Sec. 303. Repeal.
Sec. 304. Cross Harbor Freight Movement Project EIS, New York City.
Sec. 305. Center for Brownfields Excellence.
Sec. 306. Louisiana Highway 1026 Project, Louisiana.
TITLE <<NOTE: Great Lakes Legacy Act of 2002.>> I--GREAT LAKES
SEC. 101. <<NOTE: 33 USC 1251 note.>> SHORT TITLE.
This title may be cited as the ``Great Lakes Legacy Act of 2002''.
SEC. 102. REPORT ON REMEDIAL ACTION PLANS.
Section 118(c)(3) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(3)) is amended by adding at the end the following:
``(E) Report.--Not <<NOTE: Deadline.>> later than 1
year after the date of enactment of this subparagraph,
the Administrator shall submit to Congress a report on
such actions, time periods,
[[Page 116 STAT. 2356]]
and resources as are necessary to fulfill the duties of
the Agency relating to oversight of Remedial Action
Plans under--
``(i) this paragraph; and
``(ii) the Great Lakes Water Quality
Agreement.''.
SEC. 103. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN IN
THE GREAT LAKES.
Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C.
1268(c)) is amended by adding at the end the following:
``(12) Remediation of sediment contamination in areas of
concern.--
``(A) In general.--In accordance with this
paragraph, the Administrator, acting through the Program
Office, may carry out projects that meet the
requirements of subparagraph (B).
``(B) Eligible projects.--A project meets the
requirements of this subparagraph if the project is to
be carried out in an area of concern located wholly or
partially in the United States and the project--
``(i) monitors or evaluates contaminated
sediment;
``(ii) subject to subparagraph (D), implements
a plan to remediate contaminated sediment; or
``(iii) prevents further or renewed
contamination of sediment.
``(C) Priority.--In selecting projects to carry out
under this paragraph, the Administrator shall give
priority to a project that--
``(i) constitutes remedial action for
contaminated sediment;
``(ii)(I) has been identified in a Remedial
Action Plan submitted under paragraph (3); and
``(II) is ready to be implemented;
``(iii) will use an innovative approach,
technology, or technique that may provide greater
environmental benefits, or equivalent
environmental benefits at a reduced cost; or
``(iv) includes remediation to be commenced
not later than 1 year after the date of receipt of
funds for the project.
``(D) Limitation.--The Administrator may not carry
out a project under this paragraph for remediation of
contaminated sediments located in an area of concern--
``(i) if an evaluation of remedial
alternatives for the area of concern has not been
conducted, including a review of the short-term
and long-term effects of the alternatives on human
health and the environment; or
``(ii) if the Administrator determines that
the area of concern is likely to suffer
significant further or renewed contamination from
existing sources of pollutants causing sediment
contamination following completion of the project.
``(E) Non-federal share.--
``(i) In general.--The non-Federal share of
the cost of a project carried out under this
paragraph shall be at least 35 percent.
[[Page 116 STAT. 2357]]
``(ii) In-kind contributions.--The non-Federal
share of the cost of a project carried out under
this paragraph may include the value of in-kind
services contributed by a non-Federal sponsor.
``(iii) Non-federal share.--The non-Federal
share of the cost of a project carried out under
this paragraph--
``(I) may include monies paid
pursuant to, or the value of any in-kind
service performed under, an
administrative order on consent or
judicial consent decree; but
``(II) may not include any funds
paid pursuant to, or the value of any
in-kind service performed under, a
unilateral administrative order or court
order.
``(iv) Operation and maintenance.--The non-
Federal share of the cost of the operation and
maintenance of a project carried out under this
paragraph shall be 100 percent.
``(F) Maintenance of effort.--The Administrator may
not carry out a project under this paragraph unless the
non-Federal sponsor enters into such agreements with the
Administrator as the Administrator may require to ensure
that the non-Federal sponsor will maintain its aggregate
expenditures from all other sources for remediation
programs in the area of concern in which the project is
located at or above the average level of such
expenditures in the 2 fiscal years preceding the date on
which the project is initiated.
``(G) Coordination.--In carrying out projects under
this paragraph, the Administrator shall coordinate with
the Secretary of the Army, and with the Governors of
States in which the projects are located, to ensure that
Federal and State assistance for remediation in areas of
concern is used as efficiently as practicable.
``(H) Authorization of appropriations.--
``(i) In general.--In addition to other
amounts authorized under this section, there is
authorized to be appropriated to carry out this
paragraph $50,000,000 for each of fiscal years
2004 through 2008.
``(ii) Availability.--Funds made available
under clause (i) shall remain available until
expended.
``(13) Public information program.--
``(A) In general.--The Administrator, acting through
the Program Office and in coordination with States,
Indian tribes, local governments, and other entities,
may carry out a public information program to provide
information relating to the remediation of contaminated
sediment to the public in areas of concern that are
located wholly or partially in the United States.
``(B) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $1,000,000 for each of fiscal years 2004
through 2008.''.
SEC. 104. RELATIONSHIP TO FEDERAL AND STATE AUTHORITIES.
Section 118(g) of the Federal Water Pollution Control Act (33 U.S.C.
1268(g)) is amended--
[[Page 116 STAT. 2358]]
(1) by striking ``construed to affect'' and inserting the
following: ``construed--
``(1) to affect'';
(2) by striking the period at the end and inserting ``;
or''; and
(3) by adding at the end the following:
``(2) to affect any other Federal or State authority that is
being used or may be used to facilitate the cleanup and
protection of the Great Lakes.''.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
Section 118(h) of the Federal Water Pollution Control Act (33 U.S.C.
1268(h)) is amended--
(1) by striking the second sentence; and
(2) in the first sentence--
(A) by striking ``not to exceed $11,000,000'' and
inserting ``not to exceed--
``(1) $11,000,000'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(2) such sums as are necessary for each of fiscal years
1992 through 2003; and
``(3) $25,000,000 for each of fiscal years 2004 through
2008.''.
SEC. 106. <<NOTE: 33 USC 1271a.>> RESEARCH AND DEVELOPMENT PROGRAM.
(a) In General.--In coordination with other Federal, State, and
local officials, the Administrator of the Environmental Protection
Agency may conduct research on the development and use of innovative
approaches, technologies, and techniques for the remediation of sediment
contamination in areas of concern that are located wholly or partially
in the United States.
(b) Authorization of Appropriations.--
(1) In general.--In addition to amounts authorized under
other laws, there is authorized to be appropriated to carry out
this section $3,000,000 for each of fiscal years 2004 through
2008.
(2) Availability.--Funds appropriated under paragraph (1)
shall remain available until expended.
TITLE <<NOTE: Daniel Patrick Moynihan Lake Champlain Basin Program Act
of 2002.>> II--LAKE CHAMPLAIN
SEC. 201. <<NOTE: 33 USC 1251 note.>> SHORT TITLE.
This title may be cited as the ``Daniel Patrick Moynihan Lake
Champlain Basin Program Act of 2002''.
SEC. 202. LAKE CHAMPLAIN BASIN PROGRAM.
Section 120 of the Federal Water Pollution Control Act (33 U.S.C.
1270) is amended--
(1) by striking the section heading and all that follows
through ``There is established'' in subsection (a) and inserting
the following:
``SEC. 120. LAKE CHAMPLAIN BASIN PROGRAM.
``(a) Establishment.--
``(1) In general.--There is established'';
[[Page 116 STAT. 2359]]
(2) in subsection (a) (as amended by paragraph (1)), by
adding at the end the following:
``(2) Implementation.--The Administrator--
``(A) may provide support to the State of Vermont,
the State of New York, and the New England Interstate
Water Pollution Control Commission for the
implementation of the Lake Champlain Basin Program; and
``(B) shall coordinate actions of the Environmental
Protection Agency under subparagraph (A) with the
actions of other appropriate Federal agencies.'';
(3) in subsection (d), by striking ``(1)'';
(4) in subsection (e)--
(A) in paragraph (1), by striking ``(hereafter in
this section referred to as the `Plan')''; and
(B) in paragraph (2)--
(i) in subparagraph (D), by striking ``and''
at the end;
(ii) in subparagraph (E), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(F) be reviewed and revised, as necessary, at least once
every 5 years, in consultation with the Administrator and other
appropriate Federal agencies.'';
(5) in subsection (f)--
(A) in paragraph (1), by striking ``the Management
Conference,'' and inserting ``participants in the Lake
Champlain Basin Program,''; and
(B) in paragraph (2), by striking ``development of
the Plan'' and all that follows and inserting
``development and implementation of the Plan.'';
(6) in subsection (g)--
(A) by striking ``(g)'' and all that follows through
``the term'' and inserting the following:
``(g) Definitions.--In this section:
``(1) Lake champlain basin program.--The term `Lake
Champlain Basin Program' means the coordinated efforts among the
Federal Government, State governments, and local governments to
implement the Plan.
``(2) Lake champlain drainage basin.--The term'';
(B) in paragraph (2) (as designated by subparagraph
(A))--
(i) by inserting ``Hamilton,'' after
``Franklin,''; and
(ii) by inserting ``Bennington,'' after
``Rutland,''; and
(C) by adding at the end the following:
``(3) Plan.--The term `Plan' means the plan developed under
subsection (e).'';
(7) by striking subsection (h) and inserting the following:
``(h) No Effect on Certain Authority.--Nothing in this section--
``(1) affects the jurisdiction or powers of--
``(A) any department or agency of the Federal
Government or any State government; or
``(B) any international organization or entity
related to Lake Champlain created by treaty or
memorandum to which the United States is a signatory;
[[Page 116 STAT. 2360]]
``(2) provides new regulatory authority for the
Environmental Protection Agency; or
``(3) affects section 304 of the Great Lakes Critical
Programs Act of 1990 (Public Law 101-596; 33 U.S.C. 1270
note).''; and
(8) in subsection (i)--
(A) by striking ``section $2,000,000'' and inserting
``section--
``(1) $2,000,000'';
(B) by striking the period at the end and inserting
a semicolon; and
(C) by adding at the end the following:
``(2) such sums as are necessary for each of fiscal years
1996 through 2003; and
``(3) $11,000,000 for each of fiscal years 2004 through
2008.''.
TITLE III--MISCELLANEOUS
SEC. 301. PHASE II STORM WATER PROGRAM.
Notwithstanding any other provision of law, for fiscal year 2003,
funds made available to a State to carry out nonpoint source management
programs under section 319 of the Federal Water Pollution Control Act
(33 U.S.C. 1329) may, at the option of the State, be used to carry out
projects and activities in the State relating to the development or
implementation of phase II of the storm water program of the
Environmental Protection Agency established by the rule entitled
``National Pollutant Discharge Elimination System--Regulations for
Revision of the Water Pollution Control Program Addressing Storm Water
Discharges'', promulgated by the Administrator of the Environmental
Protection Agency on December 8, 1999 (64 Fed. Reg. 68722).
SEC. 302. PRESERVATION OF REPORTING REQUIREMENTS.
(a) In <<NOTE: 31 USC 1113 note.>> General.--Section 3003(a)(1) of
the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113
note; Public Law 104-66) does not apply to any report required to be
submitted under any of the following provisions of law:
(1) Effects of pollution on estuaries of the united
states.--Section 104(n)(3) of the Federal Water Pollution
Control Act (33 U.S.C. 1254(n)(3)).
(2) Implementation of great lakes water quality agreement of
1978.--Section 118(c)(10) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(c)(10)).
(3) Comprehensive conservation and management plan for long
island sound.--Section 119(c)(7) of the Federal Water Pollution
Control Act (33 U.S.C. 1269(c)(7)).
(4) Level b plan on all river basins.--Section 209(b) of the
Federal Water Pollution Control Act (33 U.S.C. 1289(b)).
(5) State reports on water quality of all navigable
waters.--Section 305(b) of the Federal Water Pollution Control
Act (33 U.S.C. 1315(b)).
(6) Exemptions from water pollution control requirements for
executive agencies.--Section 313(a) of the Federal Water
Pollution Control Act (33 U.S.C. 1323(a)).
[[Page 116 STAT. 2361]]
(7) Status of water quality in united states lakes.--Section
314(a) of the Federal Water Pollution Control Act (33 U.S.C.
1324(a)).
(8) National estuary program activities.--Section 320(j)(2)
of the Federal Water Pollution Control Act (33 U.S.C.
1330(j)(2)).
(9) Reports on contracts entered into relating to
procurement from violators of water quality standards.--Section
508(e) of the Federal Water Pollution Control Act (33 U.S.C.
1368(e)).
(10) National requirements and costs of water pollution
control.--Section 516 of the Federal Water Pollution Control Act
(33 U.S.C. 1375).
(b) Other Reports.--
(1) In <<NOTE: Effective date.>> general.--Effective
November 10, 1998, section 501 of the Federal Reports
Elimination Act of 1998 (Public Law 105-362; 112 Stat.
3283) <<NOTE: 33 USC 1254, 1266, 1285, 1290, 1324, 1329, 1330,
1375.>> is amended by striking subsections (a), (b), (c), and
(d).
(2) Applicability.--The <<NOTE: 33 USC 1254 note.>> Federal
Water Pollution Control Act (33 U.S.C. 1254(n)(3)) shall be
applied and administered on and after the date of enactment of
this Act as if the amendments made by subsections (a), (b), (c),
and (d) of section 501 of the Federal Reports Elimination Act of
1998 (Public Law 105-362; 112 Stat. 3283) had not been enacted.
SEC. 303. <<NOTE: 20 USC 50 note.>> REPEAL.
Title VII of Public Law 105-78 (20 U.S.C. 50 note; 111 Stat. 1524)
(other than section 702) is repealed.
SEC. 304. CROSS HARBOR FREIGHT MOVEMENT PROJECT EIS, NEW YORK CITY.
Section 1602 of the Transportation Equity Act for the 21st Century
(112 Stat. 305) is amended in item number 1320 of the table by striking
``Reconstruct 79th Street Traffic Circle, New York City'' and inserting
``Cross Harbor Freight Movement Project EIS, New York City''.
SEC. 305. CENTER FOR BROWNFIELDS EXCELLENCE.
(a) In General.--To demonstrate the transfer of technology and
expertise from the Federal Government to the private sector, and to
demonstrate the effectiveness of the reuse by the private sector of
properties and assets that the Federal Government has determined,
through applicable statutes and processes, that it no longer needs, the
Administrator of the Environmental Protection Agency shall make a grant
to not less than one eligible sponsor to establish and operate a center
for Brownfields Excellence.
(b) Responsibilities of Center.--The responsibilities of a center
established under this section shall include the transfer of technology
and expertise in the redevelopment of abandoned or underutilized
property that may have environmental contamination and the dissemination
of information regarding successful models for such redevelopment.
(c) Priority.--In carrying out this section, the Administrator shall
give priority consideration to a grant application submitted by an
eligible sponsor that meets the following criteria:
(1) Demonstrated ability to facilitate the return of
property that may have environmental contamination to productive
use.
[[Page 116 STAT. 2362]]
(2) Demonstrated ability to facilitate public-private
partnerships and regional cooperation.
(3) Capability to provide leadership in making both national
and regional contributions to addressing the problem of
underutilized or abandoned properties.
(4) Demonstrated ability to work with Federal departments
and agencies to facilitate reuse by the private sector of
properties and assets no longer needed by the Federal
Government.
(5) Demonstrated ability to foster technology transfer.
(d) Eligible Sponsor Defined.--In this section, the term ``eligible
sponsor'' means a regional nonprofit community redevelopment
organization assisting an area that--
(1) has lost jobs due to the closure of a private sector or
Federal installation; and
(2) as a result, has an underemployed workforce and
underutilized or abandoned properties.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $1,000,000.
SEC. 306. LOUISIANA HIGHWAY 1026 PROJECT, LOUISIANA.
Section 1602 of the Transportation Equity Act for the 21st Century
(112 Stat. 272) is amended in item number 426 of the table by striking
``Louisiana Highway 16'' and inserting the following: ``Louisiana
Highway 1026''.
Approved November 27, 2002.
LEGISLATIVE HISTORY--H.R. 1070:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 107-587, Pt. 1 (Comm. on Transportation and
Infrastructure).
SENATE REPORTS: No. 107-312 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD, Vol. 148 (2002):
Sept. 4, considered and passed House.
Oct. 17, considered and passed Senate, amended.
Nov. 12, House concurred in Senate amendment.
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